BRYANT et al v. WOODALL et al
| AMY BRYANT, M.D., BEVERLY GRAY, MD, ELIZABETH DEANS, MD and PLANNED PARENTHOOD SOUTH ATLANTIC |
| JIM WOODALL, ROGER ECHOLS, ELEANOR E. GREENE and RICK BRAJER |
| 1:2016cv01368 |
| November 30, 2016 |
| U.S. District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| UNASSIGNED |
| L. PATRICK AULD |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
84
MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 03/25/2019, that the Memorandum Opinion, Order, and Recommendation, (Doc. 71 ), is NOT ADOPTED for the reasons stated herein. FURTHER that Pla intiffs' Second Motion for Summary Judgment, (Doc. 44 ), is GRANTED. FURTHER that N.C. Gen. Stat. § 14-45.1(a) is hereby declared unconstitutional and the enforcement of N.C. Gen. Stat. § 14-45.1(a) is ENJOINED only to the extent th at N.C. Gen. Stat. § 1445.1(a) prohibits any pre-viability abortions. FURTHER that the above order enjoining enforcement of N.C. Gen. Stat. § 1445.1(a) is STAYED for a period of sixty (60) days from the date hereof. A judgment for Plaintiffs shall be entered upon the expiration of the stay described above. (Taylor, Abby)
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Filing
71
MEMORANDUM OPINION, ORDER, AND RECOMMENDATIONOF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/24/2018, that the Strike Motion (Docket Entry 69 ) is DENIED without prejudice to the filing , on or before September 4, 2018, of a motion that appropriately addresses the identified defects in the Strike Motion; FURTHER that the Clerk shall refer any such motion to the undersigned or, in the absence of such motion, the Clerk shall remo ve the access restrictions on the attachments to Docket Entry 53 (i.e., Docket Entries 53 -1 through 53 -5); RECOMMENDED that the Court deny the Summary Judgment Motion (Docket Entry 44 ) and dismiss this action for want ofsubject-matter jurisdiction due to Plaintiffs' lack of standing.(Taylor, Abby)
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Filing
31
MEMORANDUM OPINION AND ORDER. Signed by MAG/JUDGE L. PATRICK AULD on 4/7/2017, that Defendants' Rule 56(d) Motion (Docket Entry 21 ) is GRANTED. Defendants may conduct discovery until June 6, 2017, regarding: (1) whether any fetuses between 20 and 26 weeks in North Carolina meet the definition of "viable" adopted by the Supreme Court, and, if so, how many and when; (2) whether fetuses between 20 and 26 weeks experience pain and, if so, when and to what degree; (3) whether ab ortions of fetuses between 20 and 26 weeks pose any greater health risks to pregnant women than abortions of fetuses before 20 weeks and, if so, when and to what degree; and (4) Plaintiffs' standing to bring this action. Defendants shall file any response to Plaintiffs' Motion for Summary Judgment (Docket Entry 13 ) by July 6, 2017. (Daniel, J)
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